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Legally Reviewed by:

Jonathan Rosenfeld
J.D

December 19, 2023

Over $400 Million worth of case results

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Under the laws of the State of Missouri, victims, and their family members have the right to file personal injury claims against nursing home abuse and neglect. If an injury, illness, or even death is suffered as a result, nursing home lawyers can help you pursue compensation to cover damages.

The nursing home abuse attorneys at Rosenfeld Injury Lawyers, LLC can help victims and their family members pursue justice for the wrongs they have experienced. Read on to find out more about your legal options when it comes to abuse and neglect in a nursing home facility, and how hiring a personal injury attorney can help.

When to Hire a Nursing Home Abuse Lawyer

If you notice any of the warning signs of nursing home negligence and abuse, it is crucial that you hire a Missouri nursing home attorney before the Statute of Limitations is up if you want to pursue a lawsuit. If you only report abuse without filing a claim, then it may be hard to financially recover after the incident. 

The Most Common Signs of Suspected Abuse or Neglect in Missouri Nursing Home Facilities

The most common signs of nursing home abuse and neglect include:

  • Unexplained cuts/bruises
  • Broken eyeglasses
  • Broken bones
  • Bed sores
  • Depression
  • Seclusion
  • Weight loss/gain
  • Poor hygiene
  • Torn clothing
  • Changes to estate documents (financial exploitation)
  • Unusual behavior
  • Reluctance to speak in front of staffers/residents
  • Lack of enjoyment in hobbies
common types of nursing home abuse in Missouri

How Long Do You Have to File a Nursing Home Abuse Case in Missouri?

Understanding the Statute of Limitations laws in Missouri is crucial when dealing with nursing home abuse and neglect. There are a few timelines to be aware of depending on the nature of your case, which is why it is important to contact a nursing home abuse law firm as soon as possible.

  • General nursing home negligence – 5 years
  • Medical malpractice – 2 years
  • Wrongful death – 3 years

If a nursing home resident or a family member doesn’t file abuse or neglect claims within those timeframes, you are unlikely to receive compensation for damages. The same goes for a wrongful death claim.

Proving Nursing Home Neglect or Abuse

In Missouri, there is a negligence statute referring to personal injury law that is used in these types of claims. The claimant must prove that the nursing home owed the victim a certain duty of care and that it failed to do so either through unreasonable or negligent conduct. 

Proof must also be provided that the conduct directly caused injuries or damages that are relevant to the compensation claim. These could range from non-economic damages such as emotional distress to medical expenses.

What Types of Cases Do Nursing Home Abuse Lawyers Handle?

Nursing home residents may face many types of abuse or neglect during their stay in the facility. MO nursing home abuse lawyers can help with cases including:

  • Physical abuse, such as slapping, punching, kicking, shaking, or the improper use of restraints like bed rails, unnecessary medication, etc.
  • Sexual abuse, such as unwanted touching or conduct, often with a victim unable to give consent, which can result in a sexually transmitted disease.
  • Neglect, such as not providing food, medicine, clean sheets, or other types of necessary assistance. Neglect can also lead to bed sores and infections.
  • Financial abuse, such as stolen money, changes to estate planning documents, unauthorized use of credit cards, or power of attorney issues.
  • Emotional abuse, such as intimidation, shouting, threats, and denial of services.
  • Wrongful death, or when a victim dies of injuries or an illness caused by abuse or neglect.
  • Falls that were the result of negligent staff assistance.

How Can Nursing Home Abuse Attorneys Help?

When you or a loved one has experienced nursing home abuse or neglect, an experienced lawyer can help you in many ways.

  • Evaluating your case with a free consultation upfront
  • Gathering information on the damages with empirical evidence and nursing home inquiries
  • Determining if your case is medical malpractice, neglect, or wrongful death and how Missouri state and federal laws impact the process
  • Determining the level of compensation you can pursue based on economic and noneconomic damages
  • Negotiating with the assisted living facility or insurance company for a fair settlement
  • Taking your case to trial and serving as legal representation in court if no settlement is reached

What Is the Average Settlement in a Missouri Nursing Home Abuse Suit?

The financial compensation package you can receive is determined on a case-by-case basis. The team at Rosenfeld Injury Lawyers, LLC will always fight for the amount you deserve.

Our law firm has recovered millions in nursing home negligence cases, such as:

  • $2.1 million for the family of a woman who developed a stage 4 bed sore while rehabilitating at a nursing home. Physical therapy and medication were neglected for over two months.
  • $1.5 million for the family of an Alzheimer’s patient who ingested cleaning chemicals. The facility failed to follow its own protocols to secure dangerous materials from patients.
  • $1.1 million for a patient who was dropped and fractured their hip and femur when staff failed to use a two-person assist system. 

What Kinds of Damages Can Be Recovered in a Nursing Home Abuse Lawsuit in Missouri?

There are several types of damages that can be recovered by nursing home neglect and abuse victims or their family members, such as:

  • Medical bills from injuries suffered
  • Physical pain and suffering from injuries/illnesses
  • Funeral/burial costs
  • Emotional trauma 
  • Loss of companionship or a spouse/parent
  • Loss of consortium
  • Loss of resources
  • Loss of quality of life

How Long Does It Take to Settle a Missouri Nursing Home Abuse Lawsuit?

As with settlement amounts, it is hard to say exactly how long a settlement might take. If the nursing home in question does not respond to you quickly, this could slow down the process.

Additionally, if there is a lot of negotiation to determine fair compensation, this can also add months to the timeframe. If your case ends up going to trial, then it could be years before the matter is resolved.

Typically, Missouri nursing home abuse and neglect cases can take between one and two years to resolve if they conclude with a settlement.

How Much Does a Missouri Nursing Home Abuse Attorney Cost?

In personal injury cases, our lawyers work on a contingency fee basis. This means that we are only paid out of the settlement amount, usually based on a percentage of the compensation. Clients don’t have to pay any upfront costs. 

At Rosenfeld Injury Lawyers, LLC, we offer a free case evaluation to review your nursing home abuse and neglect case before you sign any contingency fee agreement. We make sure working with our Missouri personal injury lawyers benefits you in all possible ways.

The Statistics of Physical Abuse and Neglect in Missouri Nursing Home Residents

There are 506 active nursing homes in the state of Missouri [1]. 164 of them have been charged with serious deficiencies, paying out over $21.5 million in penalties. 

When it comes to nursing home negligence in Missouri, it’s estimated that 9.2% of residents have experienced pressure ulcers, while 3.84% of nursing home patients have experienced serious falls [2].

A study found that 44% of surveyed nursing home residents said they had been abused, while 95% said they had been neglected or seen another resident experience neglect [3].

Who Is Liable in a Nursing Home Abuse Case in Missouri?

Various parties can be liable for the abuse or neglect that you or a loved one experienced in a MO nursing home.

  • Nursing home administrators if negligent staff members have been improperly disciplined or reports of abuse were ignored.
  • Nurses if physical harm occurs, such as hitting or improper medication practices.
  • Other residents who have physically, sexually, or emotionally abused the victim.
  • Maintenance staff if living spaces are not kept clean and create hazardous situations.

Which Standards Do Nursing Homes in Missouri Have to Meet?

Nursing homes in Missouri must comply with multiple state and federal laws to maintain their status as licensed assisted living facilities [4]:

  • They must participate in Medicaid and Medicare programs.
  • A license must be obtained via a form submitted to the Missouri Department of Health and Senior Services (DHSS).
  • Nursing assistants must go through 175 hours of training to work at a nursing home.
  • Sanitation practices laid out by the federal government must be followed.
  • Facilities must pass inspections by the Missouri DHSS.
  • Nursing homes must uphold and communicate residents’ rights.

Which Agencies Regulate Nursing Homes in Missouri?

The Missouri DHSS is the primary institution responsible for regulating nursing homes in this state. The primary method for regulating these facilities is through regular inspections to ensure all practices are up to the standards of state laws. 

Adult Protective Services (APS) is another entity that responds to instances of suspected abuse in nursing homes, particularly when the adult in question is unable to make their own decisions.  

How Often Are Missouri Nursing Homes Inspected?

Missouri law requires that the DHSS conducts inspections of every nursing facility twice in a fiscal year [5]. 

An inspection consists of an employee conducting a review of the facility’s past history or compliance, followed by an unannounced visit to the site. The inspector will then observe the nursing home facility, interview residents, staffers, and/or visitors, and then create a report of any infractions. 

If issues are laid out in this report, the nursing home facility will either pay a fine or rectify the situation, and a follow-up inspection will occur to ensure the changes were made. 

How to Report Nursing Home Abuse in the State of Missouri

There are several ways to report elder abuse or neglect in a nursing home in the state of Missouri. 24/7 online reporting is available at health.mo.gov/abuse. You can also call the MO nursing home abuse and neglect hotline at 1-800-392-0210, with the Missouri relay at 1-800-735-2966. 

Anyone who suspects that an individual has been abused, neglected, or exploited (including financial exploitation) can report adult abuse through these portals. 

If you have a complaint about a nursing home’s administrator, then you could file a written complaint to the Board of Nursing Home Administrators either by email at bnha@health.mo.gov or through mail:
Board of Nursing Home Administrators
Missouri Department of Health and Senior Services
PO Box 570
Jefferson City, MO 65102-0570

Contact a Missouri Nursing Home Abuse and Neglect Lawyer Today!

Rosenfeld Injury Lawyers have a long record of helping victims of nursing home abuse and neglect and their families win the compensation they deserve. 

Nursing homes must be held responsible when residents are endangered due to abuse and neglect, and with the right Missouri nursing home attorney on your side, you can recover the damages you are owed. We have a strong record of winning settlements for our clients with a team of highly experienced abuse and neglect lawyers. 

Contact our office to get in touch with a nursing home abuse lawyer. Missouri grants victims the right to pursue compensation, and our firm can assist families who are pursuing a claim against a nursing home, its staff members, or other residents who have harmed their loved ones. 

Call today at (888)-424-5757 to get your free consultation. You only pay if we win your personal injury case, so don’t wait any longer to make the first step! 

Resources: [1] ProPublica, [2] ElderGuide, [3] MFFH, [4] MissouriState, [5] Missouri Department of Health

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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